Wp(C)/16045/2013 Of M/S.believers Church India v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 26TH DAY OF JUNE 2013/5TH ASHADHA, 1935 WP(C).No. 16045 of 2013 (E) ---------------------------- PETITIONER(S): -------------------------- M/S.BELIEVERS CHURCH INDIA, ST. THOMAS NAGAR, KUTTAPUZHA P.O., THIRUVALLA - 689 103, REPRESENTED BY TRUSTEE DR. SINY PUNNOOSE. BY ADVS.SRI.ANIL D. NAIR SMT.NIVEDITA A.KAMATH SRI.SREEJITHR.NAIR RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, WARD -1, THIRUVALLA - 689 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) I, AAYAKAR BHAVAN, KOWDIAR, TRIVANDRUM - 695 003. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 16045 of 2013 (E) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------------ EXHIBIT-P1-TRUE COPY OF THE ASSESSMENT ORDER DATED 28/03/2013 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. EXHIBIT-P2-TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P3-TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P4-TRUE COPY OF THE NOTICE DATED 03/06/2013 U/S 220 (I) ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXHIBIT-P5-TRUE COPY OF THE ORDER DATED 07/03/2013 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. PETITIONER BY THE IST RESPONDENT. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.S.TO JUDGE P.R.RAMACHANDRA MENON,J. - - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 16045 OF 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26[th] day of June, 2013 J U D G M E N T Challenging Ext.P1 order of assessment issued by the first respondent, the petitioner has approached the secondrespondent by way of Ext.P2 appeal, along with Ext.P3 petitionfor stay. The grievance of the petitioner is with regard to thecoercive steps initiated against the petitioner without any regardto the pendency of the above proceedings. 2. Heard the learned Standing Counsel as well. 3. After hearing both the sides, this writ petition is disposed of, directing the 2[nd] respondent to consider and pass appropriateorders on Ext.P3 petition for stay in accordance with law, at theearliest and at any rate, within one month from the date ofreceipt of a copy of this judgment. 'Status quo' shall bemaintained till such time with regard to the steps for realisationof the amount allegedly due from the petitioner. The petitioner shall produce a copy of this judgment along W.P.(C) No.16045/2013 with a copy of the writ petition before the second respondent for further steps. Sd/- P.R.RAMACHANDRA MENON, JUDGE. dpk. /True copy/ P.S to Judge.